The battle over honoring MLK is getting messy. KC Council should clean this up

The Kansas City Council should act quickly to avoid a messy, escalating public argument over the best way to honor Martin Luther King Jr.

There are four known options on the table: renaming The Paseo for King as originally proposed by a group of East Side ministers; renaming 63rd Street for the civil rights icon; naming all or part of the new airport for him; or doing nothing at all.

The airport scenario is complicated. Mayor Sly James said the King name might be attached to the new terminal only, which angered the ministers who support The Paseo. Airport officials are not fond of the idea either.

Doing nothing is not an option. That leaves the two streets.

The mayor's office said Tuesday it would cost roughly $160,000 to rename The Paseo, while 63rd Street would cost around $150,000. The funds would largely pay for replacement signs that are illuminated from the inside.

In a city with a $1.6 billion budget, the cost is manageable. The City Council could easily pick either street and tell the city manager to find the cash somewhere to make it happen.

If council members duck the issue, though, the ministers are likely to continue gathering signatures to force a November vote on The Paseo option. That's where problems could begin.

Missouri's constitution explicitly says initiative petitions can't involve spending money, even indirectly, unless a new revenue source is included. The Missouri Supreme Court has reinforced that view.

"What is prohibited," the court said in 2014, "is an initiative that, either expressly or through practical necessity, requires the appropriation of funds to cover the costs associated with the ordinance."

Money would clearly need to be spent if voters approve changing the name of either street.

The ministers and others working with them will likely resist this view. They'll claim the renaming ordinance is revenue neutral — costs are a byproduct of the renaming, not the thing itself.

But there are no guarantees in court. And a trial, and appeal, would only drag out the process.

Would the city sue to keep an ordinance renaming The Paseo off the ballot? That could be ugly. At the same time, allowing the petition to go forward might set a dangerous precedent.

Citizens might sue as well.

The best way to avoid this distraction is for the City Council to make a choice. It could simply obtain the needed approvals and pick the street for a new name without any petition process, ending the possibility of a court case.

The simplest answer is for the council to rename The Paseo, an option that had merit from the start. The council also could pick 63rd Street; if it does, the ministers should consider dropping their petition effort.

Some council members may want to leave the decision to voters. If that's the prevailing view, the council should approve the ballot language now, not petitioners. That also would avoid a court challenge.

The buck has been firmly passed on this issue this year. It's time for the buck to stop, and for the City Council to choose.

This story was originally published June 20, 2018 at 11:07 PM with the headline "The battle over honoring MLK is getting messy. KC Council should clean this up."